JIWAN LAL SAH Vs. KHASHTI DEVI

JUDGEMENT

(1.) HEARD learned counsel for the appellants as well as learned counsel for the respondents and perused the record including the impugned judgment and decree. This appeal by plaintiffs is directed against the judgment and decree dated 29 -7 -2005 passed by the District Judge, Bagshwar, in Civil Suit No. 28 of 2001, Jiwan Lal Sah and others Vs. Smt. Khashti Sah and others, whereby the suit for partition filed by the plaintiff -appellants has been dismissed.

(2.) BRIEFLY stated the facts giving rise to the present appeal are that initially the plaintiff -appellants filed a suit for partition which was registered as Original Suit No. 28 of 2001 in the court of Civil Judge (Senior Division) Bageshwar alleging therein than the parties to the suit are Bhumidhars of the house, appurtenant land, Angan Bara recorded in Khatauni Khata No. 13 of village Katyur Math, Talla Katyur Bageshwsar. According to the plaintiffs on of the ancestors of the plaintiffs, name late Har Lal Sah Son of Mohan Lal Sah had sold his 1/4th share in plot No. 47 and plot No. 469 comprising house, land and Bara to one Sri Indra Lal Sah s/o. late Jai Lal Sah by a registered sale deed dated 20 -1 -1942 and thus, the legal heir of deceased India Lal Sah became owned to the extent of 1/4th share in Plot No. 13 Late Indra Lal Sah left behind two son namely Sri Girdhari Lal and Kailash Lal Sah, whose names were recorded in the Khatauni and both of them have already died and the defendants have been recorded in the revenue records as legal heirs of the predecessors. Plaintiffs have further alleged that they are exclusive owner of 3/4th share of the house, Angan, Bara recorded of Khata No. 13, while defendants are own of 1/4th share thereon. In the suit, the plaintiffs have prayed for partition of on 3/4th share in the property mentioned plot Nos. 470 and 469 of Khata. No. 1 comprising house, Bara and land and the decree be passed against the defendant and after partition, possession of 3/4 share be given to the plaintiffs.

(3.) LEARNED Civil Judge (Senior Division) Bageshwar framed following Issues in the suit: -